Iowa company sues sports giant Eastbay over trademark dispute

A northwest Iowa company has filed a lawsuit against sports clothing and equipment giant Eastbay, claiming the company is using its trademark in branding efforts.

Hadar Athletic filed the lawsuit in federal court earlier this month. The U.S. Patent and Trademark Office approved a registered mark bearing the words “Prepare to Win” for the Humboldt-based company in 1998, according to the lawsuit.

The Iowa company makes a variety of sporting goods equipment, ranging from baseball and softball bases to custom mats emblazoned with school logos. It has used the registered mark on products that include tackling dummies, track hurdles and football field markers, according to federal records.

Eastbay uses the slogan “Prepare to Win” in its catalogs, according to the lawsuit. The wording is also prominently displayed at the top of the company’s website. Eastbay is well known for its catalog of sports shoes and clothing.

The Iowa company sent a notice in July to Eastbay, alerting the company that it was committing trademark infringement, according to the lawsuit. Hadar Athletic hoped to negotiate an out-of-court agreement over the conflict.

The lawsuit asks a judge to stop Eastbay from using “Prepare to Win,” as well as for monetary damages based on profits Eastbay made from using the words.

Eastbay’s “Prepare to Win” campaign was created by Zambezi, a Venice, Calif.-based advertising agency. The campaign included online videos featuring Rob Riggle, an actor known for appearances in movies including “Let’s Be Cops” and “The Hangover,” according to the agency’s website.

A representative of the agency declined to speak to a reporter about the campaign.

Eastbay, based in Wisconsin, is a subsidiary of Foot Locker, Inc. A media contact for the company did not return a reporter’s email on Monday. Camille Urban, an attorney representing Hadar Athletic, said she could not talk about the lawsuit without her client’s approval.